SEWA HARYANA Vs. D S DEVESH

JUDGEMENT

(1.) THIS revision petition is directed against the order of the trial Court dated June 5, 1990, whereby on the application filed on behalf of the defendants, the proceedings in the suit have been stayed till the conclusion of the prosecution evidence in case FIR No. 342 dated July 26, 1985 under sections 406/468/471 Indian Penal Code, Police Station Ambala Cantt.

(2.) THE plaintiff petitioner filed a suit for rendition of accounts and for the recovery of amount. Therein the defendants before filing the written statement, moved an application for staying the proceeding in the suit alleging that on similar allegations which were the basis of the suit the plaintiff had filed a criminal complaint against them and if they are required to file the written statement, their defence in the criminal case will be disclosed. The said application was contested on behalf of the plaintiff. The trial Court took the view that the proceedings in the civil court deserved to be stayed till the conclusion of the prosecution evidence as on the same allegation a criminal case is also pending against the defendants because such defendants cannot be subjected to disclose their defence in advance.

(3.) AFTER hearing the learned counsel, I find merit in this petition.